Despite the recent interest in adopting HTML5's video tag, there is still one major problem: there is no mandated standard video codec for the video tag. The two main contestants are the proprietary and patended h264, and the open and free Theora. In a comment on an LWN.net article about this problematic situation, LWN reader Trelane posted an email exchange he had with MPEG-LA, which should further cement Theora as the obvious choice.

"Because we all know the joy of having to battle a multi-billion dollar industry giant before court for years to come as a regular user independent of the outcome.

I don't know about your jurisdiction, but here in Germany court cases have to be accepted first. Such a case wouldn't even be accepted here. "

If MPEG-LA are indeed unable to somehow charge German end users viewing unlicensed h264 video, regardless they will still be able to stop any websites providing any unlicensed h264 video for Germans to view.